Appellate Division: Second Judicial Department

M157838

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

SYLVIA HINDS-RADIX, JJ.

2012-01466 In the Matter of Carmen Rivera, petitioner, v Gregory J. Blass, etc., et al., respondents. (Index No. 28518/11)

DECISION & ORDER ON MOTION

Motion by the petitioner to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2012 Calendar," dated November 29, 2012, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Suffolk County, dated February 3, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated November 29, 2012, as dismissed the proceeding, is recalled and vacated, and the proceeding is reinstated; and it is further,

ORDERED that the appellant's time to perfect the proceeding is enlarged until August 12, 2013, and the record or appendix and the petitioner's brief must be served and filed on or before that date.

DILLON, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court